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Martynenka I. Legal Protection of the Folklore and Other Manifestations Of Martynenka I. ♦ Legal protection of the folklore and other manifestations of intangible cultural heritage of Azerbaijan Republic Abstract: It is considered legal aspects of protection of the folklore and other manifestation of intangible human creativity. Legislation of Azerbaijan Republic, international legal acts, which regulate state protection of the objects of intangible cultural heritage, is analyzed; it is formulated suggestions to develop new measures of legal protection of historical and cultural (intangible) heritage. Keywords: intangible cultural heritage; folklore; cultural values; monuments of history and culture, legal protection. According to article 77 of the Constitution of Azerbaijan Republic, the duty of each citizen is to protect the monuments of history and culture. The state guarantees protection of the monuments of history and culture, provides creation, work and development of the institutions, which carry out scientific research and promotion, create the necessary conditions to rational usage of the monuments. Historical and cultural heritage consists on the monuments of tangible and intangible manifestations of human creativity. Intangible cultural heritage is a combination of the forms, which based on tradition, of cultural activity of human community. They form to each member of the community the feel of intergenerational continuity and unique identity. Crux of intangible (spiritual) cultural heritage is the fact that this heritage is passed by alive people and perceived by also alive audience. It should be always remained lively in context of modernity, to preserve its creative nature. In 2003 at 32nd Conference of the General Assembly of UNESCO was adopted Convention "On protection of intangible cultural heritage". Azerbaijan had also _______________ ♦Martynenko Ihar - Doctor of the Law, Associate Professor, the head of the department of civil law and procedure, Yanka Kupala Grodno State University (Belarus). E-mail: [email protected] 58 participated at this Conference. In compliance with article 2 of the Convention, intangible cultural heritage are the following: customs, forms of expression and presentation, manifesting in verbal tradition, traditional music, dances, theatres, customs, rituals, holidays, knowledge, being related to nature and universe; traditional trades, and items and cultural space, which are recognized as part of cultural heritage, passed from generation to generation, recreated permanently, form a sense of unique identity and intergenerational continuity and are also corresponded with international legal documents relating to human rights. On November 29, 2013 Inter-parliamentary Assembly of the states - participants of the Commonwealth Independent States adopted model law "On protection of intangible cultural heritage" [1].The model law determines the intangible cultural heritage as combination of spiritual, intellectual and moral and ethical values, which are inherent to ethnic, social or confessional group. These values are reflection of cultural and national unique identity of society and are covering way of life, traditions and forms of their expression, including language, norms and rule of behaviour, faith, rituals, customs, holidays, folklore, technology of producing of the items of folk of applied decorative art, musical instruments, items of everyday life and folk artistic canons, which are reflected in historically combined plots and images and forms of their embodiment. Folklore is one of the manifestations of intangible cultural heritage. Among the CIS participants, Azerbaijan Republic was the first, which adopted the law protected folklore as one of the manifestation of intangible cultural heritage. We are talking about the law "On legal protection of expressions of Azerbaijani folklore" adopted on 16 May 2003, which effects in the Laws of Azerbaijan Republic by wording of 04.12.2009-no.929-IIIQD, 17.05.2011-no.124-IVQD, 30.04.2013-no.638- IVQD [2]. Folklore is a wide sphere of creative intellectual activity of people, which include verbal folk creativity, musical creativity, folk dances, and artistic forms of rituals; handicraft trades and works of folk applied decorative art, faith. According to 59 legal relation, works, which based on folk material and developed by a specific person, is related to an area of legal regulation with author's right. Folklore is brought requirements like to the objects of intellectual property (in particular, like objects of author's right). Inclusion of folklore into the list of objects of author's right will not be destruction of author's legal conception; essential reason, on which the works of folklore might not be used with protection of author's right, is absence of personality of an author. "Author" of the works of folk creativity is national ethnic group or people, which created this work, developing and considering the work their own [3, p. 7]. Legal protection of folklore expressions is protection of expressions of folklore from any illegal usage and other actions that can be caused damage to them. We applied to works of F.I. Chelebiyev when were analyzing the forms of folklore expressions [4, p. 75-85]. Expressions of Azerbaijani folklore are the peculiarities of nature of artistic heritage, which created and preserved by Azerbaijani people, its individuals in verbal form: - expressions of oral art; - folk music; - games; - dances; - expressions of folk crafts and applied art; - other kinds of folklore creativity. expressions of Azerbaijani folklore might be existed in tangible (material) and intangible (non-material) kinds. According to article 2 of the Law "On legal protection of the expressions of Azerbaijani folklore" dated on 16 May 2003, protected expressions of folklore are the expressions of folk artistic creativity, works of the folk crafts and applied art: - relating to oral creativity working, ritual and children's expressions of the folklore, myths, legends, traditions, fairy tales, dastans (dastan is an epic work in the folklore or literature of the Middle East and South-East Asia; the dastans are the 60 folklore or literature обработкой of heroic myths, legends and fairy tales plots), jokes, folk dramas, proverbs, sayings, riddles, expressions of folk and ashug poetry (an ashug is the folk singer-poet, tale's narrator among some people of Caucasus, Turkey and Persia), bayati (bayati are one of the richest genre of the Azerbaijani folklore and are mainly for poetic expression of lyric and philosophical sense of man. The consist on the four lines, each line - from seven syllables) and other expressions of folklore; - folk songs and dancing melodies, folk professional music - ashug tunes (these melodies are traditional and are passed from generation to generation; under this one motives are intended for heroic poetries, other ones - only for lyric ones), mugam- destgyakhs (the elements of polyphony is for inherent mugams, ex. выдерживание в аккомпанементе опорных stages of vocal melodies), zerbi-mugams (distinctive particular of zerbi-mugams are precise accompanying under improvisation-mugam performance of vocal party by a singer), tesnifs (tesnif is a small vocal genre of Azerbaijani national classic music), rengi (rengi are a pure instrumental genre of mugam art, they are a completed on form and contents instrumental pieces, and possess with strict periodic metro rhythm and are performed in accompanying by percussion instrument) and other musical expressions of folklore; - folk dances, yalla (yalla is an Azerbaijan national dance, which is one of the widespread collective country round dances, it is performed as round dancing, often under accompanying choir singing), games, events and holidays and other expressions of motion; - expressions of sensible applied art and folk creativity, including graphic professional drawing, pictures, plot images, shadow patterns, embossing and carving works, sculptures, ceramics, clay articles, mosaics, works on metal, sericulture, carpet weaving, jewellery and кожевенное дело, вышивка, мастерство плетения корзин, cloth as expression of folklore art, ornaments, patterns, musical instruments, joinery, architectural matters and similar with it expressions. 61 Creation of protected expressions of the folklore are not limited by the time and space, new created expressions of the folklore are also included in the list of protected ones, and there is a permanent their legal protection. Main directions of state policy in area of legal protection of the folklore expressions are concluded in creation of conditions for international cooperation with purpose of ensuring legal protection the folklore expressions, which belong to Azerbaijani people, on territory of foreign states; formation of legislative base ensuring legal protection of the folklore expressions; legal protection, development and passing the folklore expressions to the future generations. Rules of the folklore expressions use are concluded in the following. The first, use of the folklore expressions in traditional and common form, including with purpose of commerce, is free in territory of Azerbaijan Republic. The second, use the folklore expressions in non-traditional and uncommon form (i.e. use with change of natural meaning, essence, contents or purpose, assignment and art form of the folklore expressions) with commercial purpose of the folklore expressions under any form of publication, copying and distribution of the samples, any public declamation or performance, broadcasting of the folklore expressions,
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